The Supreme Court today expressed strong displeasure at the Central and State Governments on the open sale of crackers and observed that governments cannot play with the rights and health of others.

The Division Bench of Justices M.R. Shah and A.S. Bopanna is hearing a plea in the firecrackers case, where it has sought reply from firecracker manufacturers on a CBI enquiry report claiming manufacturers were using banned barium chemicals.

The Court asked the government why the factories making ordinary firecrackers are not being closed? How are the law enforcement agencies in our country, which know everything, don’t do anything?

The court said that what is the condition of implementing the order of the court in this country? Everybody knows. What message goes when the Supreme Court order is not implemented, the Bench said, observing they are sitting to protect the rights of the people.

Green crackers were allowed but crackers containing harmful chemicals are also available in the market. The Central and State agencies should strictly follow the order. They cannot play with the life values of citizens, the Court said.

Justice Shah clarified that the order to ban firecrackers was given in the larger public interest. It should not be seen as such that the Court had banned firecrackers for a particular festival.

“We are not against any particular community. We just want to give this message that we want to protect the fundamental rights of the people. We are not against any festival, but playing with the lives of people under the guise of celebrating the festival cannot be allowed,”

-Justice Shah said.

Also Read: Supreme Court allows NTA to declare NEET-UG exam results, stays Bombay HC order

The Bench went on to observe that firecrackers are still being sold in the markets. “Someone should have the responsibility to ensure that our orders are implemented,” it said. The Court said that it is the responsibility of the central and state agencies to ensure the ban on firecrackers because the Apex Court had allowed only green firecrackers.

The Court said, “We will ask the CBI to also investigate those firecracker manufacturers who are selling fake green firecrackers. No one can be allowed to do this.” The hearing in the matter will continue on Friday.

The Supreme Court on Wednesday directed the state to furnish the police report to the petitioner in an appeal filed by the mother of a woman finance officer, for CBI enquiry into the death of her daughter, who had committed suicide allegedly due to repeated sexual harassment at her workplace at BHEL Hyderabad office.

A bench of Justices AM Khanwilkar and Sanjiv Khanna heard the matter. The Advocate On-Record Alakh Alok appearing on behalf of the petitioner submitted that despite repeated request made to the Investigating Officer, the petitioner has not received the police report. 

The court in its order dated Dec 4, 2021, had observed that the state government and the state police of Telangana have displayed an inconsiderate and apathetic attitude while handling the said case. The court had directed the Home Secretary, State of Telangana, to personally look into this aspect and issue appropriate directions to all concerned, as may be advised.

After which the Court was informed by the State Government on April 15, 2021, that the investigation is substantially over and the Investigating Officer is in the process of filing a police report before the appropriate court. Following which the Court had listed the matter for July 6, 2021, for compliance report.

Also Read: Delhi High Court creates Intellectual Property division to deal with intellectual property rights matters

Earlier, the petitioner Rajkumari Chouksey who is the mother of the deceased woman submitted that, “the suicide note of her daughter and her last telephonic conversation with her sister, categorically established that her own supervisor and office colleagues subjected her to an extreme level of sexual, physical and mental harassment and attempted to rape her, due to which she was forced to commit suicide.”

She had joined BHEL in 2009, at the young age of 23 Years and served BHEL till her last breath i.e. till October 17, 2019.

The Matter would now be heard after 3weeks

The Supreme Court will continue its hearing in an appeal filed by the mother of a woman finance officer, for CBI enquiry into the death of her daughter, who had committed suicide allegedly due to repeated sexual harassment at her workplace at BHEL Hyderabad office.

A bench of Justices A.M. Khanwilkar & Sanjiv Khanna will hear the matter through video conferencing.

The Apex Court had already issued a notice in the matter. The Court in its order dated Dec 4, 2021, had observed that the State Government and the State police of Telangana have displayed an inconsiderate and apathetic attitude while handling the said case. The Court had directed the Home Secretary, State of Telangana, to personally look into this aspect and issue appropriate directions to all concerned, as may be advised. After which the Court was informed by the State Government on April 15, 2021, that the investigation is substantially over and the Investigating Officer is in the process of filing a police report before the appropriate court. Following which the Court has listed the matter for July 6, 2021, for compliance report. 

Also Read: Supreme Court to hear plea seeking direction to Centre to not levy tax on Hajis

Advocate Alakh Alok Shrivastava, appearing for petitioner Rajkumari Chouskey who is the mother of the deceased woman, has submitted, “that the suicide note of her daughter and her last telephonic conversation with her sister, categorically established that her own supervisor and office colleagues subjected her to an extreme level of sexual, physical and mental harassment and attempted to rape her, due to which she was forced to commit suicide.”

She had joined BHEL in 2009, at the young age of 23 Years and served BHEL till her last breath i.e. till October 17, 2019. 

The new management of SKS Power Generation Company has moved the Delhi High Court, alleging that the previous management had engaged in fraudulent activity and that a CBI enquiry has to be conducted into it.

The bench of Justice Suresh Kumar Kait, last Monday, had ordered that the Ministry of Home Affairs should take a decision on the representation made by the petitioner in this regard within four weeks.

The allegation in the plea was against the ex-management, ex-promoters, and ex-employees of the company. The bench had also made it clear that if the Ministry of Home Affair is of the opinion that the representation is to be decided by the Ministry of Company Affairs, the notice should be sent to the company in two weeks and the Ministry of Company Affairs shall take a decision within four weeks thereafter. That decision has to be communicated to the petitioner in writing within one week thereafter.

In June 2018, the power company was unable to pay its debts to its lenders, including public sector banks, such as SBI. The bank initiated action under the RBI’s Prudential Framework for Resolution of Stressed Assets. The company was subsequently acquired by Agritrade Resources Ltd, a Singapore-based company.

It is alleged by the current director of the power producing company, Abhijeet Kar, that the former management of the company comprised promoter Anil Mahabir Gupta, who was engaged in various fraudulent activities, including siphoning off funds of lenders to various related parties. The true extent of the liabilities of the company was not disclosed to Agritrade Resources at the time of acquisition. This came out only after the new management took over.

Read Also: International flights to and from India suspended till June 30

The counsel of the company has produced before the bench, the forensic audit report and other documents that showed that Anil Mahabir Gupta and other members of the ex-management are prima facie liable for committing fraud on the company by siphoning off funds in order to personally enrich themselves.

Read order here:

Source: ILNS

New Delhi (ILNS): A three-judge bench of Chief Justice S. A. Bobde and Justices A. S. Bopanna and V. Ramasubramanian will tomorrow hear a plea filed by Satyama Dubey, seeking directions for a CBI enquiry into the recent tragedy in Hathras.

The petitioner, a social activist, is aggrieved at the injustice done to the woman and states that for a fair investigation the case must be handed over to the Central Bureau of Investigation, or an SIT should be formed, and that the investigation should be overseen by a sitting or retired judge of the Supreme Court or High Court.

The petitioner also appeals that the trial should be transferred from Uttar Pradesh to Delhi, because the government of the state as well its police failed to take any action against the accused. He says that one innocent woman, who also belongs to a Scheduled caste, was first raped and then brutally assaulted. He says that according to media reports and the medical report her tongue was cut and her neck-bone and back bone broken by the four accused who belong to the upper caste.

Read Also: PIL in Supreme Court wants action against policemen who illegally cremated Hathras victim

Not only was not action taken by the authorities, the dead body was cremated by the concerned authorities in the dead of night. He says that was grave injustice against the woman and her family as well as against all of society. He claims that it was negligence of the police as well as failure of the judicial system established through our constitution.

-ILNS